UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION ____________________________________ ) ) BRENT TREBOR GORDON, ) Plaintiff, ) ) v.
) Civil Case No. 14-3146 ) CITY OF HOUSTON, TEXAS ) DECLARATORY AND INJUNCTIVE and ANNISE PARKER, in her official ) RELIEF SOUGHT capacity as Mayor of the City of ) Houston, Tex. ) Defendants. ) ____________________________________)
PLAINTIFF’S
VERIFIED COMPLAINT
1
Plaintiff BRENT TREBOR GORDON brings this action for injunctive and declaratory relief, as well as nominal damages, and complains as follows:
PRELIMINARY STATEMENT
1.
This is a First Amendment constitutional challenge to a provision of the Code of Ordinances of the City of Houston imposing an inexplicable ten-month blackout period on fundraising for city office. Section 18-35(a) of the Code of Ordinances prohibits candidates for city office at the November 2015 general elections from soliciting or receiving contributions until February 1, 2015, a mere nine months before Election Day. H
OUSTON
,
T
EX
.,
C
ODE OF
O
RDINANCES
ch. 18, art. IV § 35(a) (1985) (hereinafter short-cited as
Ҥ
18-
35(a)”)
. This blackout period imposes an aggregate limit of zero dollars on contributions to a City campaign during the prohibited period, regardless of how many contributors would like to lend their support and regardless of how small their desired contributions. This irrationally-abbreviated
1
The verification for Plaintiff is attached to this Complaint.
Case 4:14-cv-03146 Document 1 Filed in TXSD on 11/04/14 Page 1 of 22
Verified Complaint
2
fundraising window stifles core political activity and prevents candidates from raising funds to run effective campaigns, yet it does not further the only legitimate governmental interest relevant in this area, which is the prevention of corruption or its appearance.
See McCutcheon v. FEC
, 134 S. Ct. 1434, 1441-42 (2014). 2.
Moreover, whatever purpose the City claims is served by a ten-month fundraising blackout, that purpose is undermined in two substantial ways. First, candidates for non-City offices are permitted to raise unlimited funds which they may then transfer to use in a campaign for City office at the same November 2015 election. While any prospective candidates who do not currently hold a
non
-City office must wait until February 1 to even begin
soliciting
support, several candidates who currently hold non-City office are raising hundreds of thousands of dollars
—
nominally for a non-City campaign
—
which the donors and candidates alike understand will be devoted to their inevitable November 2015 City campaigns. Second, incumbent City officeholders who are term-limited (but remain eligible to run for other City or non-City office) may raise contributions to retire campaign debt without limitation by the fundraising blackout period or even by the base limitation on contribution amounts from individuals and political committees ($5,000 and $10,000, respectively). These exceptions codify a shocking bias toward incumbents and the political elite. More importantly, these exceptions to the blackout period
—
which otherwise stifles candidates such as Plaintiff
—
render the provision fatally underinclusive under the First Amendment.
JURISDICTION AND VENUE
3.
This Court has jurisdiction over this case pursuant to 28 U.S.C. §§ 1331 and 1343. This civil action arises under the First and Fourteenth Amendments of the United States Constitution and 42 U.S.C. § 1983. Plaintiff seeks a declaration of his rights in this case of
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Verified Complaint
3
actual controversy within this court's jurisdiction pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-02. 4.
Venue is proper in this Court under 28 U.S.C. § 1391(b) because defendants all reside in this judicial district. The City of Houston is located in this district, and the Defendants perform their official duties in this district. Additionally, a substantial part of the events giving rise to this claim occurred in this district.
PARTIES
5.
Plaintiff Brent Trebor Gordon
(“Plaintiff” or “Gordon”)
is a candidate for an at-large position on the City of Houston City Council at the City general election to be held in November 2015. Gordon resides at 10907 Gulf Bridge Circle, Houston, Harris County, Texas, 77075. 6.
Defendant City of Houston, Texas (hereinafter sometimes referred to as the
“
City
”
) is a home-rule municipality in Harris County, Texas with the capacity to sue and be sued. Its main address is 901 Bagby, Houston, Texas 77002. The City of Houston, Texas is a subdivision of the State of Texas. The City of Houston, Texas and its officials are responsible for creating, adopting, and enforcing the rules, regulations, ordinances, laws, policies, practices, procedures, and/or customs for the City of Houston, Texas.
7.
Defendant Annise Parker is the mayor of the City of Houston, Texas. Mayor
Parker’s office is located at
901 Bagby, Houston, Texas 77002. Mayor Parker is charged with the duty to see that all City of Houston laws and ordinances are enforced. H
OUSTON
,
T
EX
., C
HARTER
art. VI, § 7a. She is sued in her official capacity.
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